Analyzing the Scope and Claims of United States Patent 4,927,814
Introduction
United States Patent 4,927,814, titled "Diphosphonate derivatives, pharmaceutical compositions and methods of use," is a significant patent in the field of pharmaceuticals. This patent, issued to the inventors, covers new diphosphonic acid derivatives, their preparation, and their use in pharmaceutical compositions. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, filed under the application number US07/071,471, was granted on May 22, 1990. It pertains to diphosphonic acid derivatives, which are known for their use in treating various bone diseases, such as osteoporosis and Paget's disease[4].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific inventions and innovations covered.
Claim Structure
The patent includes multiple claims, each detailing different aspects of the invention:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe the general structure of the diphosphonic acid derivatives, while subsequent claims might narrow down to specific compounds or methods of preparation.
- Dependent Claims: These claims build upon the independent claims, providing additional details or specific embodiments of the invention. For instance, a dependent claim might specify a particular method of synthesizing the diphosphonic acid derivatives[4].
Metrics for Measuring Patent Scope
Research suggests that the scope of a patent can be measured using metrics such as independent claim length and independent claim count. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[3].
Claims Analysis
The claims in US Patent 4,927,814 can be analyzed in several key areas:
Chemical Compounds
The patent claims cover a range of diphosphonic acid derivatives, including their chemical structures and methods of preparation. For example, the patent describes compounds like 1-phosphonopropylphosphonic acid and its derivatives[4].
Pharmaceutical Compositions
The claims also include pharmaceutical compositions containing these diphosphonic acid derivatives. This encompasses various formulations, such as injectable solutions, tablets, and other delivery methods[4].
Methods of Use
The patent specifies the methods of using these compounds for therapeutic purposes, including the treatment of bone diseases. This includes detailed descriptions of dosages, administration routes, and expected outcomes[4].
Patent Landscape
Prior Art and Citations
To understand the novelty and non-obviousness of the invention, it is crucial to examine the prior art cited in the patent. The Common Citation Document (CCD) application, which consolidates citation data from participating IP offices, can be useful in this regard. This tool helps in visualizing the prior art cited by multiple offices for the same invention[1].
International Patent Family
The patent is part of an international patent family, with related applications filed in other jurisdictions. The Global Dossier service provided by the USPTO allows users to view the file histories of related applications from participating IP offices, including the IP5 Offices (the USPTO, EPO, JPO, KIPO, and CNIPA)[1].
Expiration and Legal Status
The patent has expired, as indicated by its legal status. This means that the inventions described in the patent are now in the public domain and can be freely used without infringing on the original patent rights[4].
Search and Analysis Tools
USPTO Resources
The USPTO provides several resources for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool offers enhanced access to prior art and modern interfaces for improved search capabilities[1].
International Databases
For a comprehensive analysis, one can also refer to international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Impact and Relevance
Therapeutic Applications
The diphosphonic acid derivatives covered by this patent have significant therapeutic applications, particularly in the treatment of bone diseases. These compounds have been shown to inhibit bone resorption and are used in drugs like bisphosphonates, which are widely prescribed for conditions such as osteoporosis[4].
Industry and Market
The expiration of this patent has opened up the market for generic versions of these drugs, which can significantly reduce healthcare costs. This shift also encourages further innovation in the field of bone disease treatments.
Key Takeaways
- Patent Scope: The scope of US Patent 4,927,814 is defined by its claims, which cover diphosphonic acid derivatives, their preparation, and pharmaceutical compositions.
- Claims Analysis: The claims are structured to include independent and dependent claims, with a focus on chemical compounds, pharmaceutical compositions, and methods of use.
- Patent Landscape: The patent is part of an international patent family and has expired, making the inventions public domain.
- Search and Analysis Tools: Various USPTO and international resources are available for searching and analyzing patents.
- Impact and Relevance: The patent has significant therapeutic applications and market implications, particularly in the treatment of bone diseases.
FAQs
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What is the main subject of US Patent 4,927,814?
- The main subject is diphosphonic acid derivatives, their preparation, and their use in pharmaceutical compositions.
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How can one measure the scope of a patent?
- The scope can be measured using metrics such as independent claim length and independent claim count.
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What resources are available for searching and analyzing patents?
- Resources include the USPTO's Patent Public Search tool, Global Dossier, and international databases like those from the EPO, JPO, and WIPO.
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What is the current legal status of US Patent 4,927,814?
- The patent has expired and is now in the public domain.
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What are the therapeutic applications of the inventions covered by this patent?
- The inventions are primarily used in the treatment of bone diseases such as osteoporosis and Paget's disease.
Sources
- USPTO - Search for patents
- FDA - ANDA 078998
- SSRN - Patent Claims and Patent Scope
- Google Patents - US4927814A
- Google APIs - United States Patent
